State Supreme Court affirms Lincoln sex offender's sentence

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by butch mabin

A unanimous Nebraska Supreme Court on Friday upheld the sentence of a Lincoln man convicted of sexually assaulting a child, ruling that the sentence was not excessive for the crime.

The court also said changes made in the state's Sex Offender Registration Act after James R. Worm, 32, committed the crime nevertheless applied to his case. The changes required people convicted of certain child sex offenses to register for life.

Prosecutors charged Worm in April 2002 with first-degree sexual assault of a child in connection with the assault that March of the 7-year-old daughter of the woman Worm was dating. The charge was later amended to attempted first-degree sexual assault.

At his sentencing that November, Worm argued changes made in the Registration Law in April should not apply to his case.

The changes included an amendment that required people who committed "aggravated offenses" that involve penetration of a victim younger than 12 to register for life.

Lancaster County District Judge Jeffre Cheuvront ruled later the amendment applied to Worm because its intent was regulatory and not punitive.

Cheuvront sentenced Worm to 8 years to 12 years in prison.

Worm argued on appeal that application of the amendment to his case violated the U.S. and Nebraska constitutions, which prohibit laws from being applied to events that happened before the laws existed.

On Friday, Supreme Court Judge William M. Connolly said the prohibition applied to retroactive criminal punishment and not to civil sanctions.

Connolly said courts have generally held "that registration statutes do not promote the traditional aims of punishment: retribution and deterrence."

In addition, he said the intent of the Registration Act was to protect the public and to aid law enforcement in investigating sex offenses.

"We conclude that Nebraska's registration provisions do not impose an affirmative disability or restraint on the registrant," he wrote.

The judge also affirmed Worm's sentencing, writing it was within the statutory guidelines for the offense.

Reach Butch Mabin at 473-7234 or bmabin@;journalstar.com.